insistence waiver (Texas) · Go Syfert
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insistence waiver in Texas

6 Texas opinions name it 3 courts 1983–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Kelly v. Stategreen
texcrimapp · 1992 · cited in 2 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Kelly v. State, 824 S.W.2d 568 (Tex. Crim.

2002See Kelly v. State , 824 S.W.2d 568 (Tex. Crim.

22
State ex rel. Ellenwoodgreen
texapp · 1978 · cited in 1 Texas opinions naming this issue, 1984–1984
1 sentence

1984Indeed, in Ellenwood this Court stated that “the purposes of the Mental Health Code should not be defeated by a strict insistence on a hearing within fourteen days.” Id. at 253.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Alford v. United States green
scotus · 1931
1 sentence

2015In Alford v. United States, 282 U.S. 687 , the Court unanimously reversed a federal conviction because the trial judge had sustained objections to questions by the defense seeking to elicit the “place of residence” of a prosecution witness over the insistence of defense counsel that “the jury was entitled to know ‘who the witness is, where he lives and what his business is.’” What the Court said in reversing that conviction is fully applicable here: It is the essence of a fair trial that reasonable latitude be given the cross-examiner, even though he is unable to state to the court what facts

12015–2015
Boyd v. Dutton green
scotus · 1972
2 sentences

1994Boyd v. Dutton, 405 U.S. 1, 3 , 92 S.Ct. 759, 760-61 , 30 L.Ed.2d 755 (1972).

1994Boyd v. Dutton, 405 U.S. 1, 3 , 92 S.Ct. 759, 760-61 , 30 L.Ed.2d 755 (1972).

11994–1994
Miranda v. Arizona green
scotus · 1966
2 sentences

1983Concerning circumstances similar to those now before us, the Miranda Court spoke as follows: “If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.” *778 Supra, 384 U.S. at 475 , 86 S.Ct. at 1628 .

1983Concerning circumstances similar to those now before us, the Miranda Court spoke as follows: “If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.” *778 Supra, 384 U.S. at 475 , 86 S.Ct. at 1628 .

11983–1983

Where else courts name it

AL 25 (1907–1979) TX 6 (1983–2015) NY 3 (1993–2004) LA 2 (1975–2002) TN 2 (1908–1963) AR 2 (1922–1945)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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